Cousins Subs Terms & Conditions

General

Welcome to the Internet site of Cousins Submarines, Inc. ("Cousins") located at www.cousinssubs.com ("Cousins Website"). Please carefully review these terms and conditions ("Terms and Conditions of Use") and the privacy policy ("Privacy Policy") (these Terms and Conditions of Use and the Privacy Policy, collectively, the "Agreement") govern your use of and access to the Cousins Website. YOUR USE OF THE COUSINS WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY COUSINS, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY AND ANY ADDITIONAL TERMS AND CONDITIONS PROVIDED BY COUSINS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (A) TERMS AND CONDITIONS OF USE; (B) THE PRIVACY POLICY; AND (C) ANY ADDITIONAL TERMS AND CONDITIONS PROVIDED BY COUSINS. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE COUSINS WEBSITE. In addition to the Agreement, offers or coupons made available on the Cousins Website might be subject to additional terms and conditions provided in conjunction with the offer or coupon.

Modifications of This Agreement

Cousins reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice at the sole and absolute discretion of Cousins. Your use of the Cousins Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access the Cousins Website.

Links

Cousins is not affiliated or associated with the sponsors, owners or producers of any websites that might be linked to or from or accessed through a portal on the Cousins Website. Such websites are not under Cousins' control and Cousins explicitly disclaims any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such websites. Cousins does not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such websites.

Cousins does not make any representations or warranties as to the security or use of any information (such as credit card and other sensitive information) you might provide on or through any such websites. Unless otherwise notified by Cousins, you may link your website to the home page of the Cousins Website, provided that you adhere to the following linking policy: (a) any link to the Cousins Website must be a text only link and clearly marked "Cousins Submarines," (b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Cousins' names and trademarks, (c) the link must point to the URL www.cousinssubs.com and not to other pages within the Cousins Website, (d) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Cousins, (e) when selected by a user, the link must display the Cousins Website as a full-screen and not within a "frame" on the linking website, and (f) Cousins reserves the right to revoke its consent to the link at any time and in its sole discretion. In the event Cousins revokes its consent to the link, you will promptly remove the link from your website and cease all linking to the Cousins Website.

Solely Intended for United States and Canadian Users

Unless otherwise explicitly specified on the Cousins Website, the information on the Cousins Website is intended solely for use and access by persons residing in the United States, its territories and possessions, or Canada. In the event you do not reside in the United States, its territories and possessions, or Canada, do not use the Cousins Website. Cousins controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Cousins Website is appropriate for use or access or is available in other jurisdictions.

The Cousins Website and its content are intended solely for non-commercial use, consistent with this Agreement. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Cousins Website are copyrighted, patented, trademarked and/or include other intellectual property, which is owned, controlled or licensed by Cousins. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Cousins Website is the exclusive property of Cousins and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from the Cousins Website may be copied, modified, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access the Cousins Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access the Cousins Website in a manner that could damage, disable, overburden, or impair the server hosting the Cousins Website or the networks connected to any server hosting the Cousins Website; (o) interfere with any third party's use and enjoyment of the Cousins Website; or (p) attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Cousins Website through hacking, password mining or any other means.

Disclaimer

THE COUSINS WEBSITE IS PROVIDED BY COUSINS ON AN "AS IS" AND "AS AVAILABLE" BASIS. COUSINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COUSINS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. COUSINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES. COUSINS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE COUSINS WEBSITE OR ITS OPERATION WILL BE ERROR-FREE WITHOUT DELAY OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAYS OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), THAT DEFECTS WILL BE CORRECTED, OR THAT THE COUSINS WEBSITE OR THE SERVER THAT MAKES THE COUSINS WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. COUSINS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE COUSINS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF THE COUSINS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK. Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COUSINS OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE COUSINS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF COUSINS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT COUSINS, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL COUSINS OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY CLAIM OR DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR RELATED CLAIMS OR RELATED CLAIMANTS, IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00).

These limitations of liability shall apply even if a limited remedy fails of its essential purpose.
Some states do not allow the limitation of liability, so the portions of the foregoing limitation may not apply to you.

Online Copyright Infringement Notification

If you believe that the Cousins Website(s) contains materials that constitute copyright infringement, please notify Cousins promptly using one of the methods listed in the "Contact Cousins" section of this agreement.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COUSINS OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO: (A) YOUR USE OF THE COUSINS WEBSITE; AND/OR (B) YOUR BREACH OF THIS AGREEMENT.

Term and Termination

Cousins shall have the right to terminate your access to, and use of, the Cousins Website immediately, if, in its sole discretion, Cousins believes that your conduct fails to conform with this Agreement. Cousins also reserves the right to investigate suspected violations of this Agreement.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Cousins Website.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Employment Opportunities

Cousins is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Cousins encourages all qualified applicants to apply.

Franchise Opportunities

Communications on the franchising section of this web site are not directed to residents of any states where Cousins Subs is not registered. Those states are: Hawaii, Maryland, New York, Rhode Island, Virginia, and Washington.

Applicable Laws and Binding Arbitration

This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement or the Cousins Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that to the extent Cousin's seeks injuctive or equitable relief. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE COUSINS WEBSITE OR THIS AGREEMENT SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS. NOTWITHSTANDING THE FOREGOING, COUSINS MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN ANY COURT HAVING PROPER JURISDICTION.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE COUSINS WEBSITE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of Cousins to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Cousins' rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Cousins may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign this Agreement without Cousins' prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Contact Cousins

If you have any questions, comments, or concerns regarding this Agreement and/or the Cousins Website, please contact Cousins at the following:

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